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Law, Constitution, Jurisprudence

Canon Law / Church Law

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The issues relating to liability under contract occur - regardless of their respective individual system - on the plane of the structure of decision and responsibility on the plane of the allocation of the burden of proof. The contribution, after consideration of the main classical sources on the topic of custodia and receptum, offers a rereading update of the criterion, carved in the expression praestare custodiam, by strict interpretation of Art. 1218 of the Civil code and the provisions relating to liability so-called ex recepto which focuses on general and objective one based on contractual liability (a.k.a.: what is considered a violation in itself, not guilt) and re-interpretation of the sign cause ‘that can not be attributed to the similar language and descriptive phrases in the field of lack of responsibility for duties that focus on flexibility 'classical method' of classical Roman jurisprudence and flow into the regula nautilitas contrahentium.

The report presents the rule "Nasciturus pro iam nato habetur quotiens of commodis eius agitur" as it exists in Roman legal texts in relation to the ancient Greco-Roman concept of personae, different from that which we conceive today. In this context, the capacity of human embryo to be subject of right comes from social, religious, medical, moral and especially legal recognition. We discuss some of the heritage aspects of this rule, as well as the issues of early human life, abortion, infanticide and murder of pregnant women, recognition of the newborn by the father, State, etc. Some decisions of the Roman jurisprudence are surprisingly topical and are part of many discussions on its bioethical and legal aspects.

As for matters of internal discipline, our Church has applied, in time, canonical provisions from modern Romania imbedded with norms foreseen in Disciplinary Court and Trial Regulations in 1926 and 1949. They have been issued by the church authority in compliance with Laws of Cults and Church Statuses in 1925 and 1948-1949. The 1949 Regulation was updated several times and was still enforced until 2015.
A number of 17 sense and shape provisions present in this article have been acknowledged from amendments brought by the Timişoara Archbishopric.

Marriage was considered an institution subject to Church law from the beginning of Christianity in ancient Rome. As a result, marital disputes concerning the origin, existence and dissolution of marriages between Catholics or between Catholics and members of other churches belonged exclusively to the jurisdiction of the courts of the Catholic Church and were decided according to canon law. The author introduces the study with a general consideration of Catholic legal or canonist teaching, binding not only in the Kingdom of Hungary, but in the whole Catholic Church according to the norms valid after the Council of Trent. The account is based mainly on commentaries and glosses by modern civil law experts from Hungary. However, the general theoretical consideration forms only the essential and considerably reduced theoretical basis for the second part of the study, which is conceived as one of the first legal history soundings into the history of the institution of marriage in Slovakia using the example of an ecclesiastical court case on the temporary separation or annulment of the marriage of the Dubničkas, who lived in the Free Royal Borough of Trnava in the first half of the 19th century. The dispute caused a prolonged conflict, which grew beyond the private family sphere and became a publicly known social scandal and lifelong trauma especially for the husband Ján Dubnička, explicitly presented in his will, which reveals the intimate, psychic level of the whole micro-historic dispute.

The main goal of the present paper is to assess the 30 years of the functioning of the Italian system of financing the Catholic Church, also utilized at present by other religious organizations. On the basis of the available data, the Author reaches the conclusion that the solutions making up the system – despite some reservations – have contributed significantly not only to the creation of the appropriate conditions for the realization of religious freedom, but also – for example – to the democratization of the tax system. They have allowed the Church to undertake many important initiatives of social, protective or cultural character for the benefit of Italian society and the populations of the Third World. Without doubt, the experiences described can be regarded in terms of sound cooperation (sana cooperatio), which was recommended by the Second Vatican Council and to which both, the Italian Republic and the Holy See, commited themselves in the Agreement of 1984. However, the analysed system of financing requires permanent promotion, taking into consideration the image of the Church as a community whose members – equal in dignity – share the responsability for the common good.

The author of the article after a brief reflection reminiscent the story of the Metropolitan Court in Bialystok raises issues concerning the canon proceedings. He draws attention to the common perception in the society, and especially in the media, about the concept of the “church divorce”. He shows how wrong it is formulated and what negative eff ects entail its use. This leads in fact to identification of the canonical proceedings for annulment of the marriage with the divorce proceedings. Similarly, the author explains who is the defendant in a canonical process, so often mistakenly equated in the common sense with the accused in a criminal trial. It also indicates the important role played by a witness in the proceedings. The author warns the interested in canonical proceedings against the use of accidental legal advice and encourages these people to direct contact with the ecclesiastical courts, where one can find a friendly and professional legal advice.

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